2. Teresa Smart, a single mother, has just been fired from her job. She claims that her termination is the fault of a daycare centre called "PA Play" where her sons Eddy and Ashton were enrolled nearly three years ago. In June 2008, her children Eddy (then aged nine) and Ashton (then seven) participated in a PA Play daycare program that included out-trips to local attractions on PA days. The younger boy, Ashton, has severe behavioural problems that have still not been fully diagnosed. He tended to have violent, confrontational tantrums when he felt overwhelmed by new situations or new people. The staff at PA Play had mentioned to Teresa on two separate occasions that caring for Ashton, especially on out-trips, was a challenge for staff, and occasionally raised safety concerns. Teresa's response was that the staff needed to be prepared to deal with all children, not just easy children. She also said that the best way to deal with Ashton, when he was being difficult, was to allow him to be in Eddy's group, even though he did not meet the age requirements. On June 11, PA Play took the children, including the two Smart brothers, on an out-trip to Centre Island near Toronto. Sometime near the end of the outing, Ashton Smart began acting up. His counsellor, Jamie Perkins, struggled to control him, and Ashton threw a full-blown tantrum. In the midst of the tantrum, and while he was trying to deal with the other eight kids under his care, Jamie Perkins believed he saw Tanya Symmonds with her group of kids, approximately 50 yards away, having a snack in the shade. Eddy Smart was part of Tanya's group. At his wits' end, and remembering Teresa Smart's advice, Jamie told the child: "Go see Eddy, over there under the trees. Tell Tanya that I said it was okay if you go home with their group." Ashton Smart headed off at a run. Upon returning by ferry to the Toronto Island docks, Jamie Perkins encountered Tanya Symmonds, inquired about Ashton, and learned that Tanya had never seen Ashton. Jamie had been mistaken about the group under the tree; they were kids from a different daycare altogether. Ashton Smart was nowhere to be found, and the counsellors realized he had been left on the island. By the time the mistake was discovered, a ferry back to the island was boarded, a counsellor travelled to the island, and Ashton was located. The seven-year-old boy had been alone for more than three hours and was hysterical. Teresa Smart was also hysterical when she learned about the situation, through a phone call from the daycare centre at 4:45 p.m.before Ashton was found. Teresa Smart never sent either child back to PA Play. As a gesture of support, her employer allowed her to stay home with the boys on PA days. But she began to have nightmares about the incident, and she was also having panic attacks during the day, at work. On several occasions, she became so distressed that she had to leave early. In May 2010, Teresa's work situation changed, and she was transferred to a new office. Her new boss did not permit Teresa to take all PA days off. Teresa's anxiety escalated and her panic attacks occurred almost daily. She began leaving work without permission, her productivity dropped, and eventuallyin January 2011she was dismissed for cause. Teresa is now suing PA Play and Jamie Perkins in negligence. She is claiming damages for a mental illness (anxiety disorder) and for lost income due to her job loss. She has a physician's report that supports her claim; however, another physician who will be a witness for PA Play is expected to testify that it is common for parents especially single parentsof children with severe behavioural problems to suffer from depression, anxiety, and panic attacks. a. Did PA Play owe Ashton a duty of care? Did Jamie Perkins? Did the defendants owe Teresa a duty of care? Discuss your answer with reference to at least two elements of the duty of care. b. What was the standard of care owed by the daycare and the counsellor to the plaintiffs?c. Were the actions of PA Play and Jamie Perkins the cause in fact of Teresa Smart's job loss? d. Were the actions of PA Play and Jamie Perkins the cause in law of Teresa Smart's job-loss damages?